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Law and Contemporary Problems

Testimony

Articles 1 - 18 of 18

Full-Text Articles in Law

Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes Apr 2009

Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes

Law and Contemporary Problems

Bandes discusses the polarizing function of victim impact statements used in the context of the death penalty. The use of victim impact statements is justified in order to promote closure for the victim, but it's unclear what psychological closure can be accomplished from the formal litigation process. Even if victim impact statements do help their authors, in the context of the death penalty the authors are family members of the victim, not the direct victim, and Bandes questions whether it's important to further their interests at the expense of the interests of the defendant. The only recourse for the jury …


The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman Jan 2002

The Conundrum Of Children, Confrontation, And Hearsay, Richard D. Friedman

Law and Contemporary Problems

The adjudication of child abuse claims poses an excruciatingly difficult conundrum. In many cases, a large part of the problem is that the prosecution's case depends critically on the statement or testimony of a young child.


Child Witness Policy: Law Interfacing With Social Science, Dorothy F. Marsil, Jean Montoya, David Ross, Louise Graham Jan 2002

Child Witness Policy: Law Interfacing With Social Science, Dorothy F. Marsil, Jean Montoya, David Ross, Louise Graham

Law and Contemporary Problems

The number of children testifying in court has posed serious practical and legal problems for the judicial system. One problem confronting the courts is how to protect children from experiencing the psychological trauma resulting from face-to-face confrontation with a defendant who may have physically harmed the child or threatened future harm to the child.


The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark Oct 2001

The Swine Flu Vaccine And Guillain-Barré Syndrome: A Case Study In Relative Risk And Specific Causation, David A. Freedman, Philip B. Stark

Law and Contemporary Problems

This article discusses the role of epidemiologic evidence in toxic tort cases, focusing on relative risk. Whether specific causation can be inferred if a relative risk is above 2.0 is discussed. The object is to explore the scientific logic behind intuitions of relative risk.


Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black Jul 1996

Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black

Law and Contemporary Problems

The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.


Countering The Excessive Subpoena For Scholarly Research, Michael Traynor Jul 1996

Countering The Excessive Subpoena For Scholarly Research, Michael Traynor

Law and Contemporary Problems

A researcher has many opportunities to safeguard research and take a stance in court to protect the privacy of study participants in the interest of well-grounded scientific or social analysis.


Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna Jul 1996

Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna

Law and Contemporary Problems

Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.


Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff Jul 1996

Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff

Law and Contemporary Problems

Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works.


Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer Jul 1996

Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer

Law and Contemporary Problems

Fischer says he believes that the uneasy relationship between law and science is likely to continue regarding disclosure of scientific research materials.


Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou Jul 1996

Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou

Law and Contemporary Problems

Resisting compelled disclosure in court will continue to be at best a tenuous and uncertain journey for researchers who have been subpoenaed.


Medical Experts And The Ghost Of Galileo, Peter Huber Jul 1991

Medical Experts And The Ghost Of Galileo, Peter Huber

Law and Contemporary Problems

The law and science of traumatic cancer and cerebral palsy are discussed in the context of rules of evidence that are concerned with the testimony of medical experts in court. An evidentiary fallacy is demonstrated using the scientific expertise of the scientist Galileo as an example.


Legal Doctrines Governing The Admissibility Of Expert Testimony Concerning Social Framework Evidence, Robert P. Mosteller Oct 1989

Legal Doctrines Governing The Admissibility Of Expert Testimony Concerning Social Framework Evidence, Robert P. Mosteller

Law and Contemporary Problems

No abstract provided.


Juries And Expert Evidence: Social Framework Testimony, Neil J. Vidmar, Regina A. Schuller Oct 1989

Juries And Expert Evidence: Social Framework Testimony, Neil J. Vidmar, Regina A. Schuller

Law and Contemporary Problems

No abstract provided.


Social Science Findings And The Jury’S Ability To Disregard Evidence Under The Federal Rules Of Evidence, Lisa Eichhorn Oct 1989

Social Science Findings And The Jury’S Ability To Disregard Evidence Under The Federal Rules Of Evidence, Lisa Eichhorn

Law and Contemporary Problems

No abstract provided.


Statistical Proof And Theories Of Discrimination, Douglas Laycock Oct 1986

Statistical Proof And Theories Of Discrimination, Douglas Laycock

Law and Contemporary Problems

No abstract provided.


Multiple Regression Analysis In Title Vii Cases: A Structural Approach To Attacks Of Missing Factors And “Pre-Act Discrimination”, Barbara A. Norris Oct 1986

Multiple Regression Analysis In Title Vii Cases: A Structural Approach To Attacks Of Missing Factors And “Pre-Act Discrimination”, Barbara A. Norris

Law and Contemporary Problems

No abstract provided.


Liability And Individualized Evidence, Judith Jarvis Thomson Jul 1986

Liability And Individualized Evidence, Judith Jarvis Thomson

Law and Contemporary Problems

No abstract provided.


The Trouble With Statistical Evidence, Richard Schmalbeck Jul 1986

The Trouble With Statistical Evidence, Richard Schmalbeck

Law and Contemporary Problems

No abstract provided.